DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR'S OFFICE  
RESPIRATORY CARE - GENERAL RULES  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by sections 16145, 16148, 16174, 16287, and 18709 of the public health code,  
1978 PA 368, MCL 333.16145, 333.16148, 333.16174, 333.16287, and 333.18709, and  
Executive Reorganization Order Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL  
338.3501, 445.2001, 445.2011, and 445.2030)  
PART 1. GENERAL PROVISIONS  
R 338.2201 Definitions.  
Rule 2201. (1) As used in these rules:  
(a) "Board" means the board of respiratory care  
(b) "Code" means the public health code, 1978 PA 368, MCL 333.1101 to 333.25211.  
(c) "Department" means the department of licensing and regulatory affairs.  
(2) Terms defined in the code have the same meanings when used in these rules.  
History: 2006 AACS; 2019 AACS; 2021 AACS; 2023 MR 6, Eff. March 22, 2023.  
R 338.2201a Training standards for identifying victims of human trafficking;  
requirements.  
Rule 2201a. (1) Under section 16148 of the code, MCL 333.16148, an individual  
licensed or seeking licensure shall have completed training in identifying victims of  
human trafficking that meets the following standards:  
(a) Training content must cover all of the following:  
(i) Understanding the types and venues of human trafficking in this state or the United  
States.  
(ii) Identifying victims of human trafficking in health care settings.  
(iii) Identifying the warning signs of human trafficking in health care settings for  
adults and minors.  
(iv) Identifying resources for reporting the suspected victims of human trafficking.  
(b) Acceptable providers or methods of training include any of the following:  
(i) Training offered by a nationally recognized or state-recognized, health-related  
organization.  
(ii) Training offered by, or in conjunction with, a state or federal agency.  
(iii) Training obtained in an educational program that has been approved by the  
department in consultation with the board for initial licensure, or by a college or  
university.  
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(iv) Reading an article related to the identification of victims of human trafficking that  
meets the requirements of subdivision (1)(a) of this subrule and is published in a peer-  
reviewed journal, health care journal, or professional or scientific journal.  
(c) Acceptable modalities of training includes any of the following:  
(i) Teleconference or webinar.  
(ii) Online presentation.  
(iii) Live presentation.  
(iv) Printed or electronic media.  
(2) The department may select and audit an individual and request documentation of  
proof of completion of training. If audited by the department, the individual shall provide  
an acceptable proof of completion of training, including either of the following:  
(a) Proof of completion certificate issued by the training provider that includes the date,  
provider name, name of training, and individual’s name.  
(b) A self-certification statement by the individual. The certification statement must  
include the individual’s name and either of the following:  
(i) For training completed pursuant to subrule (1)(b)(i) to (iii) of this rule, the date,  
training provider name, and name of training.  
(ii) For training completed pursuant to subrule (1)(b)(iv) of this rule, the title of the  
article, author, publication name of the peer-reviewed journal, health care journal, or  
professional or scientific journal, and the date, volume, and issue of publication, as  
applicable.  
History: 2016 AACS; 2019 AACS; 2021 AACS; 2023 MR 6, Eff. March 22, 2023.  
R 338.2201b Telehealth.  
Rule 2201b. (1) Consent for treatment must be obtained before providing a telehealth  
service pursuant to section 16284 of the code, MCL 333.16284.  
(2) Evidence of consent for treatment must be maintained in a patient’s medical record  
and retained in compliance with section 16213 of the code, MCL 333.16213.  
(3) A respiratory therapist providing any telehealth service shall do both of the  
following:  
(a) Act within the scope of his or her practice.  
(b) Exercise the same standard of care applicable to a traditional, in-person health care  
service.  
History: 2021 AACS.  
PART 2. LICENSURE  
R 338.2202 Application for respiratory therapist license; requirements.  
Rule 2202. An applicant for a respiratory therapist license, in addition to meeting the  
requirements of the code and the administrative rules promulgated under the code, shall  
comply with all of the following:  
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(a) Submit a completed application on a form provided by the department, together  
with the requisite fee.  
(b) Have successfully completed a respiratory therapist educational program that  
satisfies the requirements of R 338.2206.  
(c) Have earned at least a 2-year associate's degree from an accredited college or  
university that satisfies the requirements of R 338.2206.  
(d) Have earned a credential for respiratory therapists conferred by the National Board  
of Respiratory Care (NBRC) or by its predecessor organization.  
History: 2006 AACS; 2019 AACS.  
R 338.2202a. Applicant trained outside the United States or Canada; education  
evaluated.  
Rule 2202a. Under section 16174(1)(c) of the code, MCL 333.16174, an applicant who  
was trained outside the United States or Canada shall have his or her education evaluated  
by an organization accredited by the National Association of Credential Evaluation  
Services (NACES) to determine if the applicant satisfies the requirements of R 338.2202.  
History: 2019 AACS; 2023 MR 6, Eff. March 22, 2023.  
R 338.2202b. Rescinded.  
History: 2019 AACS; 2021 AACS.  
R 338.2203 Rescinded.  
History: 2006 AACS; 2019 AACS.  
R 338.2204 Rescinded.  
History: 2006 AACS; 2019 AACS.  
R 338.2205 Licensure by endorsement; respiratory therapist.  
Rule 2205. (1) An applicant for a respiratory therapist license by endorsement who has  
been licensed or registered in another state or licensed in a province of Canada for 5 years  
or more, in addition to meeting the requirements of the code and the rules promulgated  
under the code, shall comply with all of the following:  
(a) Submit a completed application on a form provided by the department, with the  
requisite fee.  
(b) Hold an active license or registration in good standing from another state or license  
in good standing from a province of Canada immediately preceding the date of filing an  
application for licensure by endorsement.  
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(c) Be of good moral character.  
(2) In addition to complying with the requirements of subrule (1) of this rule, if the  
applicant has been licensed or registered in another state or licensed in a province of  
Canada for less than 5 years immediately preceding the date of the application, he or she  
shall comply with both of the following:  
(a) Submit educational information that satisfies the requirements of R 338.2202.  
(b) Submit NBRC examination and certification information that satisfies the  
requirements of R 338.2202.  
(3) An applicant for licensure by endorsement shall comply with both of the following:  
(a) Disclose each license, registration, or certification in a health profession or specialty  
issued by another state, the United States military, the federal government, or another  
country on the application form.  
(b) Satisfy the requirements of section 16174(2) of the code, MCL 333.16174,  
including verification from the issuing entity showing that disciplinary proceedings are  
not pending against the applicant and sanctions are not in force at the time of application.  
History: 2006 AACS; 2019 AACS; 2021 AACS; 2023 MR 6, Eff. March 22, 2023.  
R 338.2205a Relicensure.  
Rule 2205a. (1) An applicant for relicensure whose license has lapsed, under section  
16201(3) or (4) of the code, MCL 333.16201, as applicable, may be relicensed by  
complying with the following requirements as noted by (√):  
(a) For an applicant who has let his or her  
license lapse and who does not hold a current and  
valid respiratory care license, registration, or  
certification in another state of the United States  
or province of Canada, the applicant must do all  
of the following:  
Lapsed  
Years  
less  
3Lapsed more  
orthan 3 Years  
(i) Submit a completed application on a form  
provided by the department, with the requisite  
fee.  
(ii) Establish that the applicant is of good moral  
character.  
√
√
√
√
√
(iii) Submit fingerprints as set forth in section  
16174(3) of the code, MCL 333.16174.  
(iv) Provide to the department documentation  
that the applicant passed the NBRC  
examination required under R 338.2202  
within the 2 years immediately preceding  
relicensure.  
(v) An applicant for relicensure shall comply with  
both of the following:  
Disclose each license, registration, or  
√
√
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certification in a health profession or specialty issued  
by another state, the United States military, the federal  
government, or another country on the application  
form.  
Satisfy the requirements of section  
16174(2) of the code, MCL 333.16174, including  
verification from the issuing entity showing that  
disciplinary proceedings are not pending against the  
applicant and sanctions are not in force at the time of  
application.  
(b) For an applicant who has let his or her license  
lapse and holds a current and valid respiratory  
care license, registration, or certificate within  
another state of the United States or province of  
Canada the applicant must do all of the following:  
(i) Submit a completed application on a form  
provided by the department, with the requisite  
fee.  
√
√
√
√
(ii) Establish that the applicant is of good moral  
character.  
(iii) Submit fingerprints as set forth in section  
16174(3) of the code, MCL 333.16174.  
(iv) An applicant for relicensure shall comply with  
both of the following:  
Disclose each license, registration, or  
√
√
certification in a health profession or specialty issued  
by another state, the United States military, the federal  
government, or another country on the application  
form.  
Satisfy the requirements of section 16174(2)  
of the code, MCL 333.16174, including verification  
from the issuing entity showing that disciplinary  
proceedings are not pending against the applicant and  
sanctions are not in force at the time of application.  
(2) If relicensure is granted and it is determined that a sanction has been imposed by  
another state, the United States military, the federal government, or another country, the  
disciplinary subcommittee may impose appropriate sanctions under section 16174(5) of  
the code, MCL 333.16174.  
History: 2023 MR 6, Eff. March 22, 2023.  
PART 3. EDUCATION  
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R 338.2206 Accreditation standards; adoption by reference.  
Rule 2206. (1) The following standards for accrediting respiratory therapist educational  
programs from the Commission on Accreditation for Respiratory Care (CoARC) are  
approved and adopted by reference:  
(a) “Accreditation Policies and Procedures Manual,” effective March 13, 2021.  
(b) “Accreditation Standards for Entry into Respiratory Care Professional Practice,”  
effective July 1, 2020, clarifications March 13, 2021.  
(c) “Accreditation Standards for Degree Advancement Programs in Respiratory Care,”  
effective January 1, 2018, clarifications December 12, 2020.  
(2) Copies of the CoARC’s accreditation standards may be obtained at cost from  
CoARC, 264 Precision Blvd., Telford, Tennessee 37690, or at no cost from the CoARC  
website, www.coarc.com. Copies may be obtained at a cost of 10 cents per page from the  
Michigan Board of Respiratory Care, Bureau of Professional Licensing, Department of  
Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan  
48909.  
(3) Any respiratory therapist educational program that is accredited by the CoARC is a  
respiratory therapist educational program approved by the department in consultation  
with the board.  
(4) The procedures for recognizing accrediting organizations of the Council of Higher  
Education Accreditation (CHEA), approved September 24, 2018, and the procedures for  
recognizing accrediting agencies of the United States Department of Education, revised  
July 1, 2020, as contained in 34 CFR part 602, are approved and adopted by reference.  
The CHEA recognition standards may be obtained from CHEA, One Dupont Circle NW,  
Suite 510, Washington, DC 20036-1110, or from the council’s website at www.chea.org  
at no cost. The federal recognition criteria may be obtained at no cost from the United  
States Department of Education’s website at: CFR-2020-title34-vol3.pdf (govinfo.gov).  
Copies of the standards recognizing accrediting agencies used by CHEA and the  
Department of Education are available for inspection and distribution at a cost of 10 cents  
per page from the Board of Respiratory Care, Bureau of Professional Licensing,  
Department of Licensing and Regulatory Affairs, 611 West Ottawa, P.O. Box 30670,  
Lansing, Michigan 48909.  
History: 2006 AACS; 2019 AACS; 2021 AACS; 2023 MR 6, Eff. March 22, 2023.  
PART 4. RELICENSURE  
R 338.2207 Rescinded.  
History: 2006 AACS; 2019 AACS; 2021 AACS; 2023 MR 6, Eff. March 22, 2023.  
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;